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CONGRESSIONAL CONFEREE CONFAB: MT was loitering outside the Senate chamber late Tuesday when all of a sudden we were surrounded by transportation conferees. House E&C Chairman Fred Upton had journeyed over from the lower chamber for a huddle of sorts with Sens. Jim Inhofe, John Hoeven and David Vitter. Upton even made it onto the Senate floor briefly to chat with other senators, running back out to joke to Vitter: “Well, we’ve got Keystone!” JUST as things began to get juicy and the pols began chatting — Inhofe realized one member of the gathering wasn’t welcome. “Let’s get away from the press,” Inhofe said, chuckling at MT. The four then zipped into Minority Whip Jon Kyl’s office.

MUM’S THE WORD: The conferees talked about “Keystone, the transportation bill, how to bring people together,” Hoeven told MT after the powwow, declining to give any more details. Later in the speaker’s lobby, Upton was slightly more revealing: “We were talking about the highway bill, starting discussions to see what we can figure out. …Keystone is a priority for the House, period. So we’re going to do all that we can to get it included as part of the package. But it’s difficult to say how things are going to work out until we really start talking. And that’s what we’ve gone to do.” He declined to discuss any hypothetical scenario of choosing between Keystone and a transportation bill, but he made clear the topic of conversation if he’s spotted on the Senate side talking to conferees. “My focus is Keystone. It always has been,” Upton said. Team MT assists Darren Goode for more, on Pro: http://politico.pro/KsyEMY

Secretive: Due to his supercommittee work, Upton said he’s no stranger to ducking behind closed doors in the Senate. “I know where all those hideaways are. I had some experience with that last year!”

RUMOR DENIED: There’s been vague statements from T&I’s John Mica and Bill Shuster about the improving odds of Keystone being included in the final bill. MT asked Keystone fan Sen. Mark Begich about those rumors, which have also come from staffers and industry sources: “They’re pretty much rumors. I think what that is is someone floating it to see if it catches fire. Staffs have had good meetings but I don’t think it’s materializing that way.”

Hanging back: Hoeven told MT conferees are working on all the contentious issues “at the same time” — and wasn’t sure how to predict a timeline on the pipeline. But he is sure that whatever happens, House and Senate leaders will have their fingerprints on it, and so will Max Baucus. “Senator Baucus is certainly a big part of it, but leadership will be involved as well — no question.” Inhofe, who desperately wants a transportation bill but doesn’t want to torpedo it, said he’s taking a hands-off approach despite his desire to see a pipeline, too. “I’m going to let things happen. I don’t want to influence it.”

BOXER’S ROAD MAP: Conference Chairwoman Barbara Boxer gave the first of what she promised would be weekly press conferences on how the transportation conference is progressing. This time around there wasn’t much — lots of staff and member meetings but the contentious issues haven’t been discussed yet. Boxer and Mica have a meeting on Thursday to talk things through. Adam has more for Pros: http://politico.pro/KMnLUC

Low expectations: Mica said he’s not looking for substantial progress out of his Thursday meeting. When MT asked if he expects much from the powwow, the chairman replied: “No, but we had a very good conversation yesterday afternoon and our staffs are working very well together.”

Dangerous: “This is dangerous. First day back — I haven’t had any practice,” Mica said when his chat with MT attracted a crowd of other reporters.

WHILE YOU WERE SLEEPING: We learned that T&Ier Peter DeFazio defeated Matthew Robinson in his Oregon primary and will now face Matthew Robinson’s father, Art, in the general election. In Nebraska, Deb Fischer beat out Jon Bruning and will face Bob Kerrey for an open Senate seat this fall.

EXCLUSIVE — DOT, FAA CRACK DOWN ON LASER INCIDENTS: The FAA is telling investigators and staff to go after stiffer penalties for individuals that shine lasers at planes, noting that the number of incidents in 2010 (2,836) increased about 25 percent to 2011 (3,592). The maximum fine for a first-offender is $11,000 — and the FAA is proposing multiple offenders get dinged by up to $30,800. The penalties decrease for inadvertent incidents, but the FAA will now be pursuing the stiffest possible penalties for intentional ones. Since June, the FAA has “initiated enforcement” against 28 people and opened dozens of other investigations. “Shining a laser at an airplane is not a laughing matter. It’s dangerous for both pilots and passengers, and we will not tolerate it,” Transportation Secretary Ray LaHood will say in the announcement later today.

110 IS THE NEW 125: Bob Casey told MT his people have been talking to Shuster’s people about preserving his amendment on domestic locomotives that brings the standard from 125 mph to 110 mph. “I haven’t talked to him lately but I know our staffs have been in touch,” Casey said. So is your amendment safe? “You know we never like to predict around here.” Shuster later told MT he’s on the fence about the issue and needs to learn more. “I have not spoken to him directly,” he told MT off the House floor. “My concern is that these folks are calling for 125 — is it possible? I’m getting conflicting information, so I’m looking at it.”

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SILVER LINING IN LABOR DISPUTE: What do Reps. Gerry Connolly, Frank Wolf and Jim Moran, Virginia Gov. Bob McDonnell, Va. DOT Secretary Sean Connaughton, former Rep. and Metropolitan Washington Authorities Authority member Tom Davis, MWAA President Jack Potter and LaHood have in common? They are all adamant the Metro Silver Line extension to Dulles will get done — they just can’t agree on some of the specifics.

Phase two of the Silver Line is entering a critical stage for financing, and a dispute over use of a project labor agreement is holding up $150 million in Virginia funding and potentially may precipitate Loudoun County to back out. Not to worry, say the stakeholders: The Old Dominion will deliver the money and the project will be finished. It’s just going to be painful. “It may not be pretty, just like Congress passing law isn't pretty,” Davis told MT of the process. Burgess has more on the future of your one-seat ride from Dulles to Capitol South: http://politi.co/KZB6pV

Scheduling note: MWAA meets today, when Metro watchers hope to get a sense of how MWAA will deal with PLA and incentive agreements that Richmond has made illegal. Further meetings about the project between LaHood, members and local stakeholders are also likely.

Addendum: Former Virginia Govs. and/or Sens. Charles Robb (D), John Warner (R), Linwood Holton (R) and Gerald Baliles (D) wrote MWAA Chairman Michael Curto, telling MWAA to leave the PLA to the contractor. “We recommend that the MWAA Board adopt the same prescription for Phase 2 as it prescribed for Phase 1 and leave it to the selected prime contractor. …It is time to put ideology, partisan politics, pride and parochial interests aside.” Read it: http://bit.ly/JRdEhO

‘Deeply troubled’: The DOT IG released an update on its MWAA investigation (http://bit.ly/K0tWBQ), in the form of a letter to Wolf and THUD head Tom Latham. It didn’t take Wolf long to respond — within minutes of the report’s release MT obtained a copy of a letter in which Wolf says he was “deeply troubled” by the IG findings. “If the IG determines that it is necessary to ‘clean house’ in order to implement the recommendations of the audit team, so be it,” Wolf wrote LaHood. Read his letter: http://bit.ly/JF9yaP

DOT responds: LaHood addressed the concerns from Wolf and the IG in a statement. LaHood said he is “confident in MWAA's new leadership,” which has told him they will “take every step necessary to achieve greater transparency and accountability going forward.” LaHood said he will be appointing an “accountability officer,” who will report directly to him, to provide additional oversight of the board.

CONGRESS MUST ‘DO NO HARM’: Transit stakeholders said on Tuesday they are looking to next year for a longer term bill at higher funding levels than what comes out of the transportation conference — especially if gas prices stay high. “Congress must provide a stable multi-year investment to allow public transportation systems of all sizes to meet that demand,” APTA CEO Mike Melaniphy said. In addition to swelling ridership during near-$4 gas prices, highway mileage hasn’t grown nearly as fast as highway users, said former Pennsylvania Gov. Ed Rendell, which leaves transit to pick up the slack. Rendell — also a co-chairman of Building America’s Future — hopes Congress does “no harm” in conference now and delivers a “real” 10-year bill later.

Playing defense: There will be a strong effort to protect transit’s victories this year: beating back attempts to sever public transportation funding from the gas tax in the House and reinstating commuter tax benefit equality in the Senate bill. Curtis Stitt, CEO for transit in Columbus, offered an example of what happens when transit relies on general funds. He relayed that 10 years ago the state supplied $43 million total for transit providers; this year it was $7 million, none of which will go to his system. Dallas transit chief Gary Thomas said when the benefit for transit dropped by more than $100 monthly this January, “a lot of people kind of woke up and realized that was an inequality that needed to be corrected.”

Morning reading for those on the train: The call was organized in the wake of a new APTA report, which shows that with so many Americans on the road, a small driving decrease can lead to a major increase in transit ridership. But the paper warns that “Many other factors affect transit ridership, perhaps more than changes in gasoline prices.” Read it: http://bit.ly/LNMJT9

PASSED: A Senate Appropriations panel approved a funding bill that includes more than $10 billion for the Coast Guard and $7.6 billion for the TSA. It also directs TSA to beef up its PreCheck program, requires expansion of the “Known Crewmember” program and requires TSA to conduct a health study on its Advanced Imaging Technology units that emit radiation.

IT’S A BIRD … IT’S AN UNMANNED AERIAL VEHICLE: The FAA is streamlining the approval process to make it easier for law enforcement agencies to operate unmanned aerial vehicles. Additionally, the FAA will now allow public safety agencies to operate craft up to 25 pounds — up from the previous limit of 4.4 pounds. The agency is currently working on a rule that will allow small UAVs to be operated in civilian airspace.

THE AUTOBAHN (SPEED READ)

- American Airlines agreed to labor contracts with five TWU groups that represent 11,000 workers. http://bit.ly/LO0Zv5

PUT IT IN WRITING: Expect this to be a regular feature of groups writing conferees to praise their work/ask for a speedy resolution/urge them to consider certain provisions. This time up — ASCE writes to outline their priorities: http://bit.ly/Kdh0af. A wide coalition of interest groups — including the Chamber of Commerce and the AFL-CIO — also wrote in support of a bill before June 30: http://bit.ly/Jf8VZA

MT POLL — Transpo pet peeves: What bugs you the most? Bikes on sidewalks, loud cell phone talks on the Metro or cars blocking the box? Voting closes Sunday at noon; vote and see results: http://bit.ly/IIUGqS

EX-IM CLEARS SENATE: The upper chamber approved a compromise bill to reauthorize the Export-Import Bank — which Lindsey Graham says is hugely important to Boeing’s manufacturing facilities in his (and Adam’s) home state of South Carolina. Eight of every 10 Boeing plane sales are dependent on the bank’s loans, Graham says. Rogers reports: http://politi.co/L8hy8y

THE COUNTDOWN: Highway and transit policy runs out in 45 days, DOT funding in 137 days and FAA policy in 1,233 days. There are 174 days before the 2012 election. It's been 957 days and nine extensions since SAFETEA-LU expired.

DURBIN WON’T GO THERE: During a stirring exchange over the flow of debate and the prevalence of the filibuster in the Senate between Minority Leader Mitch McConnell and Majority Whip Dick Durbin, the Dem number two almost went there on connecting Roy Blunt’s “conscience” amendment to the Senate transportation bill. “Maybe there is some way you can link up transportation and birth control, but I won’t go there. I’ll just say that that was a stretch to bring that issue to that bill, but he was given that chance,” Durbin said. There’s quite a few jokes in there, but MT will leave readers to drive that conversation.

CABOOSE — Wuerking on infrastructure: Inhofe has long said he’s a “big spender in two areas — defense and infrastructure.” POLITICO’s very own Pulitzer-winning Matt Wuerker touched on the different states of defense and infrastructure investment in yesterday’s political cartoon. Check it out: http://politi.co/IWmgRC